The I-9 Employment Verification ProcessU.S. employers are required to verify the identity and employment authorization of individuals they hire using the Form I-9:• After being offered the job, on or before the first day of employment, the employee must complete Part 1 of Form I-9.• Within three business days of the start of employment, the… Continue reading END OF COVID-19 I-9 FLEXIBILITIES
An IT Staffing firm has been fined $9.9 million for its use of B visas instead of H-1b work visas. The charges were brought under the False Claims Act. Check out the full story here.
A Federal Judge recently ruled that a New York based staffing company violated numerous federal laws including anti-trafficking laws in their treatment of international nurses recruited from the Philippines. The charges claimed that the staffing company failed to pay the proper wages and that the liquidated damage clauses were unlawful.
The DOJ has reached a settlement in claims against an IT staffing firm for alleged discriminatory language in its advertisements which limited new hires to US citizens and permanent residents. When advertising, make sure the content of your ads are approved by employment or immigration counsel.
Are you an IT staffing company with a bunch of unfilled needs who saw the recent lay-offs at twitter and other tech firms and the plight of its H-1b workers and thought, hey I can help ! I can hire those laid-off H-1b workers during their 60 day grace period and help out my labor… Continue reading Trying to Help Laid-off H-1b IT Workers ?
Recently, the Civil Rights Division’s Immigrant and Employee Rights (IER) Section of The Department of Justice settled with 16 private employers to resolve non-U.S. citizen discrimination claims, requiring the employers to pay civil penalties totaling $832,944. The largest penalties were imposed on KPMG LLP; Keyot LLC; Area-I, Inc.; CapTech; Akuna Capital; and American Express. In… Continue reading DOJ Settles With Employers for Discriminatory Job Advertisements
Remember when every H-1b working for a staffing company required an end client letter ? Recall how difficult it was to obtain them and remember hearing anecdotes about certain companies being “creative” in obtaining them ? In at least one instance, a Federal Indictment has been issued and charges have been brought alleging the preparation… Continue reading H-1b End Client Letters leading to an Indictment !
The DOL recently announced that it was hiring an additional 100 investigators to enforce Wage and Hour regulations which include the LCA H-1b program. We would encourage all employers to regularly audit your LCA compliance.
In an industry where sub-contracting is common, IT staffing companies must be cautious in dealing with a sub-vendor that employs H-1b workers. There are a number of documented cases where those H-1b workers are not in status, not being paid properly, and in essence being held hostage by an unscrupulous vendor. In one recent case,… Continue reading IT Staffing Companies Beware
In a real-world example of how a misunderstanding of how to conduct employment eligibility verification, the Department of Justice recently published a settlement agreement that demonstrates how a nuanced requirement for human resource professionals can be quite costly to the organization at large. Recently, the Immigrant and Employee Rights Section (IER) of the Civil Rights… Continue reading Settlement Highlights Importance of HR Training
U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. The Department of Homeland Security (DHS) will extend this policy until March 31, 2021. On March 19, 2020, DHS announced that it would exercise prosecutorial discretion to defer the… Continue reading ICE Extends the I-9 Flexibility Rules Related to Form I-9 for Remote Work